Texas Health and Safety Code 462.079 – Revocation of Furlough
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(a) A furlough may be revoked only after an administrative hearing held in accordance with department rules. The hearing must be held within 72 hours after the patient is returned to the facility.
(b) A hearing officer shall conduct the hearing. The hearing officer may be a mental health or chemical dependency professional if the person is not directly involved in treating the patient.
Terms Used In Texas Health and Safety Code 462.079
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The hearing is informal, and the patient is entitled to present information and argument.
(d) The hearing officer may revoke the furlough if the officer determines that the revocation is justified under § 462.078(b)(1) or (2).
(e) A hearing officer who revokes a furlough shall place in the patient’s file:
(1) a written notation of the decision; and
(2) a written explanation of the reasons for the decision and the information on which the hearing officer relied.
(f) The patient shall be permitted to leave the facility under the furlough if the hearing officer determines that the furlough should not be revoked.